Summit of the Cascade Mountains definition

Summit of the Cascade Mountains means a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon.
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Summit of the Cascade Mountains means a line beginning at the intersection of the
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Summit of the Cascade Mountains means a line beginning at the intersection of the northern 1100 boundary of the State of Oregon and the western boundary of Wasco County, thence southerly along the 1101 western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern 1102 boundary of the State of Oregon. 1103 Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB2298 (2021) 1104 Statutes/Other Implemented: HB2298 (2021) 1105 History: 1106 DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022 1107 635-412-0050 1108 Eligibility Criteria 1109 (1) If the Department determines, or the applicant assumes, that native migratory fish are present in a 1110 qualifying stream, prior to construction of the environmental restoration weir the applicant shall obtain 1111 Department approval of a fish passage plan that is consistent with criteria set forth in OAR 635-412-0035. 1112 (2) If the Department determines that native migratory fish are not present in a qualifying stream prior to 1113 the date of construction of environmental restoration weirs, the applicant is exempt from the requirements 1114 of ORS 509.585 and applicable provisions of OAR 635, Division 412, unless and until the Department 1115 determines that native migratory fish have returned to the qualifying stream. 1116 (3) If, after construction of an environmental restoration weir, the Department determines that native 1117 migratory fish have returned to the qualifying stream, the Department may require the owner of that 1118 environmental restoration weir to either: 1119 (a) Obtain Department approval of a fish passage plan that: 1120 (A) Can be constructed from locally available natural materials; and 1121 (B) Includes modifications recommended by the Department unless the owner of the 1122 environmental restoration weir demonstrates to the Department that the proposed 1123 modifications will not be economically practicable. To determine if the modifications are 1124 economically practicable, the Department may evaluate information including but not 1125 limited to: 1126 (i) the cost of the original project; 1127 (ii) the cost of the recommended modifications; and 1128 (iii) the habitat value of the restoration project; or 1129 (b) Obtain Department approval of mitigation that provides a net benefit 1130 to native migratory fish consistent with ORS 509.585 and criteria set forth 1131 in OAR 635-412-0040. 1132 (c) If the Department requires the owner of an environmental restoration 1133 weir to obtain...
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